RIGHTS OF NATURE AND WATER IN COLOMBIA: CHALLENGES FOR ENVIRONMENTAL JUSTICE IN LATINO-AMERICA

Abstract The objective of this article is to analyze the existing tensions between the defense of nature’s rights, the regulatory frameworks that protect the environment, and judicial decisions aimed at safeguarding ecosystems and community rights. The methodology employed is analytical and is based on a theoretical study of nature’s rights and contemporary debates surrounding them, complemented by a review of the most relevant judicial decisions that have recognized these rights. Within this framework, a critical analysis is conducted on the coherence between current regulations, the needs of the populations, and the effective enforcement of judicial rulings. The results show that, in the Colombian context, as in other Latin American countries, there are still significant limitations in understanding and applying an ecocentric approach that harmonizes nature’s rights with human rights. Instead, tensions prevail that hinder the realization of environmental justice from a legal perspective. In the final considerations, the article highlights the need for structural and institutional reforms within the legal framework to ensure the stability and integrity of the country’s river ecosystems, as well as the right to water and basic sanitation.

Publication Details

Journal
Portuguese National Funding Agency for Science, Research and Technology (RCAAP Project by FCT)
Published
2025-06-01
Primary Topic
Environmental law and policy
Type
article
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article

RIGHTS OF NATURE AND WATER IN COLOMBIA: CHALLENGES FOR ENVIRONMENTAL JUSTICE IN LATINO-AMERICA

Portuguese National Funding Agency for Science, Research and Technology (RCAAP Project by FCT)
Environmental law and policy
article

RIGHTS OF NATURE AND WATER IN COLOMBIA: CHALLENGES FOR ENVIRONMENTAL JUSTICE IN LATINO-AMERICA

article en

Abstract

Abstract The objective of this article is to analyze the existing tensions between the defense of nature’s rights, the regulatory frameworks that protect the environment, and judicial decisions aimed at safeguarding ecosystems and community rights. The methodology employed is analytical and is based on a theoretical study of nature’s rights and contemporary debates surrounding them, complemented by a review of the most relevant judicial decisions that have recognized these rights. Within this framework, a critical analysis is conducted on the coherence between current regulations, the needs of the populations, and the effective enforcement of judicial rulings. The results show that, in the Colombian context, as in other Latin American countries, there are still significant limitations in understanding and applying an ecocentric approach that harmonizes nature’s rights with human rights. Instead, tensions prevail that hinder the realization of environmental justice from a legal perspective. In the final considerations, the article highlights the need for structural and institutional reforms within the legal framework to ensure the stability and integrity of the country’s river ecosystems, as well as the right to water and basic sanitation.

Portuguese National Funding Agency for Science, Research and Technology (RCAAP Project by FCT)
Openalex Percentile: Top 25%
Environmental law and policy
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RIGHTS OF NATURE AND WATER IN COLOMBIA: CHALLENGES FOR ENVIRONMENTAL JUSTICE IN LATINO-AMERICA · Portuguese National Funding Agency for Science, Research and Technology (RCAAP Project by FCT) (2025) | TGRS Research Map | TGRS